OFFICIAL REPORT

PRAYERS

PAPERS LAID

The Report of the Departmental Committee on Finance, Planning and Trade on the vetting of Principal Secretary Nominees to:-

(i) The National Treasury

(ii) The Ministry of Industrialization and Enterprise Development.

(iii) The Ministry of Devolution and Planning

(iv) The Ministry of East African Affairs, Commerce and Tourism

(By hon. Langat)

The Report of the Departmental Committee on Energy, Information and Communication on the vetting of Mr. Joseph Tiampaty as Principal Secretary nominee for the Ministry of Information, Communication and Technology and Eng. Joseph Kimbere Njoroge as the Principal Secretary nominee for the Ministry of Energy and Petroleum.

(By hon. Kiptanui)

The Report of the Departmental Committee on Environment and Natural Resources on the vetting of Mr. Joseph Teko ole Lepoyetum as Principal Secretary nominee for Ministry of Water; Mr. Richard Lerisian Lesiyampe as Principal Secretary nominee for Environment and Natural Resources and Amb. Dr. Richard Titus Hayi as Principal Secretary nominee for Ministry of Mining.

(By hon. (Ms) Abdalla)

The Report of the Departmental Committee on Lands on the vetting of Mariamu El Maawy as Principal Secretary nominee for the Ministry of Land, Housing and Urban Development.

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June 25, 2013 PARLIAMENTARY DEBATES 2

(By hon. Mwiru

)

The Report of the Departmental Committee on Transport, Public Works and Housing on the vetting of Mr. Nduva Muli as Principal Secretary nominee for Transport and Eng. John Kipngetich Mosonik as Principal Secretary nominee for Infrastructure.

(By hon. Kamanda)

The Report of the Departmental Committee on Labour and Social Welfare on Vetting of Mr. Ali Noor Ismail as Principal Secretary nominee for the Ministry of Labour, Social Security and Services and Mr. Patrick Omutia as Principal Secretary nominee for the Ministry of Sports, Culture and Arts.

(By hon. (Ms.) T.G. Ali)

Hon. Speaker

Do we have any Member from the Departmental Committee on Health? There is indication that hon. (Ms.) R.K. Nyamai, a Member for that Committee may be in a position to lay some reports or they are still sequestered in their villages? Maybe, she may not have heard that the House is sitting this morning. Is there any Member of the Committee? I can see the Vice-Chair of that Committee. You know you must be here by the time the Speaker walks in. Hon. (Dr.) Pukose, I know you are the Vice-Chairman of that Committee. The Leader of the Majority Party, do you want to help him? Help him because he appears to be lost!

Thank you, hon. Speaker, Sir. I think the Member was got off- guard. He has to get the Papers to lay and give notice of Motion. I think we can do it in the afternoon. He can check with the Chairperson of the Committee and do it in the afternoon. This is because the Member does not have any Paper to lay and give notice of Motion.

Hon. Speaker

We can allow him five minutes and it must be approved. Let him pick and we will allow him to lay it.

NOTICES OF MOTIONS

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEES

THAT pursuant to Article 155(3)(b) of the Constitution of Kenya and the provision of Standing Order No.45, this House adopts the Report of the Departmental Committee on Finance, Planning and Trade on vetting of the Principal Secretary nominees laid on the Table of the House on

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June 25, 2013 PARLIAMENTARY DEBATES 3

Tuesday, 25th June, 2013 and approves the appointment of the following persons as Principal Secretaries:-

1. Dr. Wilson Songa - Industrialization and

Enterprise Development

2. Mr. John Konchella - Devolution

3. Dr. Kamau Thugge - The National Treasury

4. Dr. Ibrahim M. Mohamed - Commerce and Tourism

5. Eng. Peter Oganga Magiti - Planning

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEES

THAT pursuant to Article 155(3)(b) of the Constitution of Kenya and the provision of Standing Order No.45, this House adopts the Report of the Departmental Committee on Environment and Natural Resources on vetting of Principal Secretary nominees laid on the Table of this House on Tuesday, 25th June, 2013, and approves the appointment of the following persons as Principal Secretaries:-

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEE

THAT pursuant to Article 155(3)(b) of the Constitution of Kenya and the provision of Standing Order No.45, this House adopts the Report of the Departmental Committee on Lands on vetting of Principal Secretary nominee laid on the Table of the House today, Tuesday, 25th June, 2013, and approves the appointment of Mariamu El Maawy as Principal Secretary for Land, Housing and Urban Development.

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEES

THAT pursuant to Article 155(3)(b) of the Constitution of Kenya and the provision of Standing Order No.45, this House adopts the Report of the Departmental Committee on Energy, Communication and Information on vetting of Principal Secretary nominees laid on the Table of the House today, Tuesday, 25th June, 2013, and approves the appointment of the following persons as Principal Secretaries:-

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June 25, 2013 PARLIAMENTARY DEBATES 4

1. Eng. Joseph Kibere Njoroge - Energy and Petroleum

2. Mr. Joseph Musuni Tiampaty -Information,

Communication and

Technology

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEES

THAT pursuant to Article 155(3)(b) of the Constitution of Kenya and the provision of Standing Order No.45, this House adopts the Report of the Departmental Committee on Transport, Public Works and Housing on vetting of Principal Secretary nominees laid on the Table of the House today, Tuesday, 25th June, 2013, and approves the appointment of the following persons as Principal Secretaries:-

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEES

THAT pursuant to Article 155(3)(b) of the Constitution of Kenya and the provisions of Standing Order No.45, this House adopts the Report of the Departmental Committee on Labour and Social Welfare on vetting of Principal Secretaries nominees laid on the Table of the House today, Tuesday, 25th June, 2013, and approves the appointment of the following persons as Principal Secretaries:-

Before we go to the business on the Order Paper, I had given an indication that the Vice-Chair of the Departmental Committee on Health will be given a chance. The Chair has finally walked in. Hon. Chair, you are warned that if you have business, you must be here before the appointed time because this is not the procedure. If you have the Report, you may lay it.

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEES

Hon. Speaker, Sir, I wish to apologize for walking in late and I hereby beg to give notice of the following Motion:- THAT pursuant to Article 153(3)(b) of the Constitution of Kenya and the provisions of Standing Order No.45, this House adopts the Report of the Departmental Committee on Health on vetting of Principal Secretaries Nominees laid on the Table of the House today, Tuesday, 25th

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June 25, 2013 PARLIAMENTARY DEBATES 5

June, 2013, and approves the appointment of Prof. Fred H.K. Segor as Principal Secretary for Health.

Thank you, hon. Speaker, Sir. I requested for a statement from the Departmental Committee on Justice and Legal Affairs nearly a month ago. It is about the constitution of Teachers Service Commission. Given the gravity of the matter, now that a national strike is on today, I am yet to receive a substantive statement. They have been deferring the matter. I believe something is not right and I seek your indulgence; your advice to make sure that, that statement is brought to the Floor today.

Hon. Speaker

In fact, I think you are right, something is not right. Everything is very wrong and the more reason why they should take more time to understand what is actually wrong. It is a matter of common knowledge that teachers are supposed to be on strike. So, even to request that the Committee brings a statement today or tomorrow, we will just be merely scratching the surface. I think there is much more than meets the eye. The Departmental Committee on Education, Research and Technology, I believe, is having meetings with Kenya National Union of Teachers (KNUT), the Ministry concerned as well as the Teachers Service Commission (TSC). But I appreciate that the TSC is in limbo, as you rightly pointed out. We, as a House, have communicated that very fact. Indeed, as you may very well find from the Act under which public appointments are being made, Public Appointments (Parliamentary Approval) Act No. 33 of 2011 requires that if the House rejects a name of a nominee, the nominating authority has to submit fresh names, not going to replace and bring the same rejected names. The House has already expressed itself on those particular nominees, and the House will not allow a situation whereby they have rejected a name or names yet the nominees are brought back. We are not going to operate like those other fellows, I am sure you are aware; those out there in the other level of Government. Here at the National Government level and the National Assembly, we will require the nominating authorities to ensure that if the House rejects a name, that name ceases to appear and must not appear. We have communicated that the Departmental Committee on Education, Research and Technology may actually not even give us any reports. We want the nominating authority to submit fresh names and they will be given to the Committee. Hon. Saney, proceed.

I thank you for your advice. As I speak, the appointing authority has put up an advert on today’s newspapers purporting to advertise for positions illegally, against the Constitution and the TSC Act. That is why I am still following up the matter. I stand guided and I respect your position. Thank you, hon. Speaker, Sir.

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June 25, 2013 PARLIAMENTARY DEBATES 6 Hon. Speaker

Very well, hon. Saney. We will ensure that no illegality will be sanctioned by this House. Thank you also for drawing the attention of the House to that, but we will wait to see what names are going to come. If they come through the process that you have already described as irregular or illegal, obviously, we shall be there. I am sure you will be at the forefront to prosecute the matter of illegality or irregularity. You see hon. Members, I want to advise these ones who have gone out and become rusty a bit, do not come to the Chair and say that you had demanded a statement, just rise in your place and indicate. The hon. Shill, you do not have to come and whisper to the Chair here. You just rise in your place and claim, just like hon. Saney.

Hon. Speaker, Sir, I was not demanding--- On 4th of this month, I asked for a statement concerning the gold issue, and you gave a directive of three weeks. Today the three weeks have lapsed. I wanted a way forward because up to now I have not been summoned and nothing has been done about it. Thank you, hon. Speaker, Sir.

Hon. Speaker

The information I have, hon. Shill, is that the relevant Government Ministry has submitted their report but the report was again given to the relevant Departmental Committee. I would advise that you appear before that Committee and canvas the matter so that the Committee can do a report to the House. The hon. Clement Muchiri Wambugu.

Thank you, hon. Speaker, Sir. Sometimes last week, I stood on the Floor of the House demanding a statement from the Leader of Majority Party on the very sad situation of our crew members who are still detained in Lagos, Nigeria. You know this has been a very delicate issue and up to now we have not heard any communication from the Government. We are supposed to get a statement today because I think there is a lot of anxiety in the country. I am still waiting for the statement this morning. Thank you.

Hon. Speaker

Hon Wambugu, you also know that this particular sitting today cannot have been the sitting at which we expect the Leader of Majority Party to give you a response. I am sure you are jumping the gun. This particular sitting is for a specific purpose. So, let us wait at 2.30pm because that is when we are going to sit as we normally sit and then you may require that the Leader of Majority Party says something regarding your request for statements. Although you said that you had demanded, I do not think that you demanded; you merely requested from the Leader of Majority Party. We must, obviously, use language that is appropriate in the House. I am sure you are not making a demand, you are making a request.

Thank you, hon. Speaker, Sir. About two months ago, I requested a statement from the Committee on Education, Research and Technology. The issue concerned Legal Notice No.534 and Legal Notice No.16. It was about the teachers strike. The Chairperson promised to bring that statement in the House in two weeks’ time yet I have not received the statement. I need your guidance on the same.

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June 25, 2013 PARLIAMENTARY DEBATES 7

Hon. Speaker

It looks like by the time it comes here, it will be what lawyers describe as functus officio. That it would have been spent because the strike is on. I am sure one of the issues that I have seen the teachers agitating about is specifically the two legal notices that you cited. But I think, perhaps, if we wait for the afternoon sitting which will be a normal sitting, unlike this one then you can get a chance to get the response from the Departmental Committee.

Thank you, hon. Speaker Sir. I would like to bring to the attention of the House and the hon. Speaker that on January 3rd, 2013, the Committee on Delegated Legislation tabled a report about the same. It was adopted by the House, so I think the Committee should - I do not know how - go ahead to quash Legal Notice No.16 of 2003. I seek your guidance, hon. Speaker, Sir.

Hon. Speaker

I suspect that is why I am seeing hon. Abdalla rising in her place. Maybe she was the Chair of that Committee in the last Parliament?

Thank you, hon. Speaker Sir. I was rising on a point of order to give the House information because there is misinformation on the report that was tabled by the Committee that I chaired in the 10th Parliament. The report did propose the annulment of Legal Notice 16 of 1997. But that report was not debated and adopted by the House, so it is not legally binding. So, I would suggest that the hon. Member for Kirinyaga Central forwards his request to the Committee on Delegated Legislation, so that they can re-table that report and have the House adopt the annulment. Thank you, hon. Speaker Sir.

Hon. Speaker

Very well hon. Gitari, I think it is a matter that we can pursue with hon. Cheptumo, the current Chair of the Committee on Delegated Legislation, regarding the position of that particular legal notice. Bearing in mind the events happening in the country relating to the same issues, both the Legal Notice No.534 and that other one No.16 and the current discussions, it may require also the joint sitting of both the Committee on Delegated Legislation as well as Departmental Committee on Education, Research and Technology. It may be important to have the two Committees sit and holistically look at the issues surrounding that legal notice.

Hon. Speaker

Next Order! Hon. Benjamin Kipkurui Langat.

MOTION

ADOPTION OF REPORT ON VETTING OF PRINCIPAL SECRETARIES NOMINEES

Thank you, hon. Speaker Sir. I wish to move the following Motion:- THAT, pursuant to Article 155(3)(b) of the Constitution of Kenya and the provisions of Standing Order 45, this House adopts the Report of the Departmental Committee on Finance, Planning and Trade on the Vetting of Principal Secretaries Nominees, laid on the Table of the House on Tuesday, 25th June, 2013, and approves the appointment of the following persons as Principal Secretaries:-

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The Departmental Committee on Finance, Planning and Trade is one of the 12 Departmental Committees of National Assembly established under Standing Order No.216 and mandated to inter alia vet and report on all appointments where the Constitution or any law requires the National Assembly to approve. The Committee deals specifically with public finance, monetary policies, public debt, financial institutions, investment and divestiture policies, pricing policies, banking, insurance, population, revenue policies, planning, national development, trade, tourism promotion and management, commerce and industry. Under the current governance, the Committee on Finance, Planning and Trade oversees the ministries and all the commissions, independent offices and parastatals domiciled under them. That is, the National Treasury, Industrialization and Enterprise Development, East African Affairs, Commerce and Tourism, Devolution and Planning. Like any other Departmental Committee, we have a membership of 29 members and the list is there on the report. Members can check that. Pursuant to Article 155(3)(b) of the Constitution of Kenya, the President is required to nominate a person for appointment as a Principal Secretary from among the persons recommended by the Public Service Commission and with the approval of the National Assembly, appoint them as Principal Secretaries. On 11th June, 2013, you did inform the House that His Excellency the President had nominated the following persons amongst others to be considered for appointment as Principal Secretaries:- 1. Dr. Kamau Thugge - National Treasury 2. Mr. John Konchella - Devolution 3. Dr. Wilson Songa - Industrialization and Enterprise Development 4. Dr. Ibrahim M. Mohammed - Commerce and Tourism 5. Eng. Peter Oganga Magiti - Planning

You directed that the relevant Department Committees commence the approval process for the said nominees pursuant to Public Appointments (Parliamentary Approval) Act, (No.33 of 2011) and table their reports. The said Act is categorical under Section 7 that the approval process must be concluded within 14 days. In conducting the vetting exercise, the Committee was guided by the Constitution of Kenya, Public Appointments (Parliamentary Approval) Act, (No.33 of 2011) and the Standing Orders. The whole process was done by meeting with the nominees, examining correspondence from the Ethics and Anti-Corruption Commission, the Higher Education Loans Board, Kenya Revenue Authority and affidavits from the public. The Committee’s findings as outlined in this Report enabled it to conclude that the nominees did indeed qualify to serve as Principal Secretaries in the dockets they were nominated for. Hon. Speaker Sir, I wish to thank your office and the office of the Clerk of the National Assembly for the support extended to us in our execution of our mandate. It is

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June 25, 2013 PARLIAMENTARY DEBATES 9

my pleasure and privilege on behalf of the Departmental Committee on Finance, Planning and Trade to present and commend this report of the vetting of Principal Secretaries nominees for debate and approval by the House pursuant to Article No.133 of the Constitution. I want to start by thanking the hon. Members who sat the whole day, one Wednesday and we were able to accomplish the job that was before us of vetting five nominees. I think my Committee dealt with the highest number, and I want to say thank you to my Members because we sat from morning to evening and we were able to talk to all of them. We were able to do the report and I am proud that I am the first one to present the report with the maximum number of nominees whom we were able to vet. I do not want to say much because basically my Committee was unanimous in the decision we reached in terms of approving all the nominees. In fact, we were 100 percent unanimous that we should approve them without any reservations whatsoever. The nominees who were presented to us, in terms of academic qualifications, met the threshold. All of them are actually holders of degrees. If you look at, for example, Dr. Kamau Thugge, who is a nominee for the National Treasury, he is a distinguished economist with a PhD in Economics from Johns Hopkins University. He impressed the Committee in terms of the knowledge that he has about the economy and the job which he is going to do. He has worked for mainly two organizations. He started his employment in the International Monetary Fund (IMF); he came back to the Ministry of Finance and again went to IMF. I said he is a distinguished person and on integrity issues, he has no case on integrity, and nobody has ever followed him on anything. On issues of Higher Education Loans Board (HELB), he has been cleared. There was no adverse affidavit from any member of the public against Dr. Thugge. So, simply I ask the House to approve his appointment as the Principal Secretary for the National Treasury. I believe with the challenges that Kenyans are facing in the economy; he is one gentleman who can help to sought out those challenges. I believe he is one guy who is up to those challenges so that our economy is stabilized. The other nominee we talked to is Mr. Konchella. He holds an MBA from Daystar University. He holds an undergraduate degree too. He worked for the National Bank of Kenya for 26 years rising from a junior officer to a senior manager. Last year he decided to resign to go and vie for the seat of Governor of Narok County. I believe that he has passion now that he offered to leave his job so that he could contest as a county governor. He impressed when working as a banker. He has been a chairman of the Kenya Bankers Association. He has done many things. I believe that if he is given an opportunity he will deliver. I know that there are many challenges. So many things have not been understood. It is still a new beginning for our country in terms of devolution. I believe he will do his best to ensure that everybody understands devolution. On the issue of borrowing by county governments, he told us that we will allow county governments to borrow, but assist them to manage the risks, for example, the exchange rates. As the Chairman of this Committee plus my Members, I would like to request the House to approve the name of this nominee for the position of Principal Secretary in charge of devolution. Let us approve Mr. Konchellah for this docket.

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June 25, 2013 PARLIAMENTARY DEBATES 10

The other nominee we spoke too is Dr. Wilson Songa. He is an agricultural specialist. He has been in that field for more than 20 years. He is currently the Agriculture Secretary. He has a PhD in plant pathology. He told us that our agricultural products need value addition. With his experience especially in public service I believe that the Ministry in charge of industrialization will rise. I, therefore, would like to urge the House to approve Dr. Songa’s appointment. He has the right qualifications. Had he not summarized his CV, it would be 20 pages or so. He has been the Agriculture Secretary up to now. We raised issues with him about fertilizer and the disease that affects maize. He explained himself that the system was the problem. I support him and would like to urge the House to support his nomination. There were no integrity questions on Dr. Songa. He has met the threshold. On the issue of HELB we did not see any query on him. The other nominee I would like to request the House to approve is Dr. Ibrahim Mohamed who has been nominated as the Principal Secretary of Commerce and Tourism. He holds a Masters of Business Administration. He also holds a Diploma in Leadership and Business Development. He has a Masters in Public Health. He has a lot of experience in the health sector. Members thought that, maybe, he was misplaced. When we interviewed him he showed a lot of knowledge and passion for the new role of commerce and tourism. He is very qualified and he has leadership experience. Tourism needs to be awakened. It is an area that requires a lot of investments. This is the only docket that generates income. The other Ministries are mainly consumers of our income. I, ask you to approve his name. I will also be urging the House when the right time comes that we give them the necessary funding so that the Jubilee promise of getting three million plus tourists every year is achieved. We need to invest. My Committee, having spoken to Dr. Ibrahim, believes that he is the right person to spearhead the commerce and tourist sector. Finally, we talked to Eng. Peter Magiti. He has been in the Ministry of Water for quite a long time. He has leadership experience. He is an engineer by profession. Can an engineer be a planner? That has been the question, but we have an engineer who is in the Vision 2030 team and he has done a great job in terms of planning for this country. Therefore, Eng. Peter Magiti is a suitable candidate. In fact, this is one Kenyan for whom we received an affidavit that was positive. It was actually recommending him for this job. Somebody said that he has done a lot of work with regard to giving the people of northern Kenya and parts of Eastleigh water. Hon. Speaker, Sir, therefore, he is one Kenyan who received a positive affidavit contrary to expectations. So, I want to urge the House to approve all these nominees so that they start working because time is running out. We want to give them the opportunity. I believe what is being done is that the Jubilee is trying to break away from the usual by bringing in fresh blood to head different Ministries so that they can see things differently. They can think differently from the way things are normally done in those Ministries. Therefore, in terms of integrity, Eng. Magiti does not have issues of integrity or owing the Higher Education Loans Board (HELB). He appears to be a very knowledgeable Kenyan and therefore we were unanimous, as a Committee, that we approve them and pass them over for appointment. So, I want to urge my colleagues in

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June 25, 2013 PARLIAMENTARY DEBATES 11

the House to support these Kenyans so that they can start their jobs and start dealing with them in our departmental Committees so that we support them to move forward.

I once again thank my Committee because as I said I am privileged to have a very hard working Committee; hon. Members whom I respect and I believe this Committee will go far in future.

With those few remarks, I beg to move and request hon. Anyanga, A.T. to second.

Hon. Speaker, Sir, I rise to second the Motion by hon. Langat in regard to the vetting and appointment of the Principal Secretaries for industrialization and Enterprise Development, Devolution, Planning, National Treasury; and Commerce and Tourism. As has been alluded to by our Chairman, in vetting the nominees, the Committee was very keen to ensure that all the constitutional requirements for the vetting of public servants were adhered to. Other than just looking at their academic qualification, the employment record, their professional affiliation; whether there was any potential conflict of interest, the knowledge of the relevant subject that they have been appointed to and the overall suitability of the nominees and, of course, issues of integrity and other regulatory compliance, we also engaged the nominees in terms of whether they understand the environment in which they will be operating under the current constitutional dispensation.

You realize that the Departmental Committee on Finance, Planning and Trade is probably the only Committee that had five nominees reporting to it for vetting and that probably tells you the enormous task that this Committee has in terms of ensuring that the relevant Ministries or Principal Secretaries who have been appointed deliver on the huge mandate that they have been given. It is important to realize that under the current devolved system of Government, many people are focusing on how they are going to share the national cake. I think what we were looking at is whether the Principal Secretaries nominated understand their roles in terms of baking this cake so that it can be shared at both the national and devolved levels. If you look at the dockets that the nominees have been appointed to; The National Treasury, Planning, Devolution, Industrialization and Enterprise Development, Commerce and Tourism, these are the economic drivers of this economy. These are the economic drivers of this country. We were not just looking at people who were bringing their previous experience. We were also looking at people who were bringing fresh ideas; on how they will come with creative and innovative ways to offer solutions to the challenges which this country is facing right now. We are all aware that almost every section of the country is clamoring for better pay. As we are talking today, we know that our education sector is grinding to a halt because teachers are on strike. The reason being, it is not very many Kenyans who are thinking of how they are going to raise our economy.

When you look at sectors like tourism, industry and commerce, these are the sectors that need to get further investment so that our economy can grow and we can have a bigger cake which we can share. But even more critical is the aspect of devolution. I know that many people were very uncomfortable when the Ministry of Devolution was created and we needed to understand whether the nominee for that position understands what his role is going to be. Whereas among the five nominees he may have been the only person without proper public sector experience, it came out very clearly that he, indeed, understands what the role of that particular department in the Ministry of

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June 25, 2013 PARLIAMENTARY DEBATES 12

Devolution and Planning will entail; that what is most important is facilitating the devolved governments, building capacity, ensuring that the right funding is taken to the devolved units of government to ensure that they perform well. Hon. Speaker, Sir, we wanted to ensure that the Principal Secretary for devolution is not coming in as the prefect of governors. He is not coming as the prefect of the devolved units; that he is coming to be the bridge between the central Government and the devolved government. We thought that is a good mindset to start off with as he takes up this position. I know that two of the nominees have impeccable public sector experience in their various fields. For example, Dr. Songa is an accomplished agricultural expert. He has done a lot of work in agribusiness. He has done a lot of work in biotechnology, value addition in the agricultural sector but we thought transferring that kind of knowledge to industrialization and enterprise development would be giving that docket a new perspective of how we can add value to our products and export them. We were equally impressed with Eng. Magiti. Fortunately, for me, three of these nominees are people I have worked with in the Public Service. I have worked with Dr. Thugge, Dr. Mohamed and Dr. Songa. They are people whose personal records and way of working can stand out. I can attest to and prove to this House that they are people with integrity and they are performers in their various fields. Therefore, in supporting and seconding the appointments, I would like this House to look at them as Kenyans who are willing to offer their services for the benefit of this nation. We happen to be one of the few countries where we do not appreciate our best brains and we end up losing some of our best professionals to other countries. We have lost our professionals to countries in the western hemisphere. We have lost our professionals to some countries in Africa and in the recent past we have been losing many of our professionals to upcoming countries like South Sudan and Rwanda. This is because sometimes when you have the best brains, we are clouded with very myopic reasons to reject them and ultimately somebody else takes advantage of that. But for these particular nominees, I can attest to the fact that they are people who met the threshold we were looking for in terms of undergoing the vetting process. Therefore, we considered all other factors and the fact that we are also looking for leaders who will not just lead this country, not necessarily as nominees of the Jubilee Government but as Kenyan leaders appointed with huge responsibility to move this country to the next level. I fully support the appointment of the nominees. With those few remarks, I beg to second.

Hon. Speaker, Sir, I think putting the Question is too early because we do not want to be accused of being a rubber stamp of the Committee. I think it is good that hon. Members contribute to this Motion at your direction. Hon. Speaker, Sir, I think Article 155 (3)(b) has set the stage under the new Constitution for Principal Secretaries to be vetted by the National Assembly with the public participation. This is the same way we did with the appointment of Cabinet Secretaries. This is again a new dawn for this country where the public participates and

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June 25, 2013 PARLIAMENTARY DEBATES 13

Kenyans with track records are given jobs based on their merit, but not on where they come from. Hon. Speaker, Sir, the five nominees are technocrats or professionals who have track records in whichever capacity they served our country. If you look at the record of Dr. Kamau Thugge; his history at the Treasury is well known. Dr. Wilson Songa, who was the Permanent Secretary for Agriculture in the last Parliament has a very good track record. I am sure KMC farmers will attest to the role Dr. Songa played in the agricultural sector. Hon. Speaker, Sir, Eng. Oganga Magiti, who comes from an arid area, was a director of water at the Ministry of Water and Irrigation. Those of us who come from pastoral areas and who in the last five to seven years were victims of the adverse drought effects in our country; know the role Dr. Magiti played in steering that Ministry and even dealing with the leadership of this House. Hon. Speaker, Dr. Ibrahim Mohamed has a record as the director of NASCOP in the Ministry of Health. I am sure those who have an engagement with that organization and the Ministry of Health have his record. Mr. Konchella, just like his counterpart, the Cabinet Secretary for Health, Mr. Macharia, has a track record in the private sector, more so in the banking sector. Hon. Speaker, issues of integrity, qualification and public service are the benchmark in which these five great Kenyans were vetted on. I also want to thank the Committee on Finance, Planning and Trade because they had the highest number of nominees, five nominees. They did it in one day and I want to thank the Chair, hon. Benjamin Langat and the Committee for being the first committee to present its report today. It is within the provision of Standing Orders that I want to thank our colleagues and shame those who said that hon. Members do not work. Hon. Speaker, I hope Sarah Serem is watching the deliberation of this House this morning. Sarah Serem wanted to gag the operation of Parliament. I want to tell her this morning that this is a special sitting based on the workload and the urgency that is before Parliament. Parliament is independent and it has its calendar. I am sure there are many people out there who might have thought that Sarah Serem is a heroine and that she can gag Parliament. I want to tell them that the calendar of Parliament is gazetted, it is a public document. Where we feel that it is a national issue; where the national calling has come; when Parliament, in its wisdom, under your leadership and the leadership of the House Business Committee is sitting, we might even extend the sitting hours of this House. Hon. Speaker, Sir, those who want to peg Kshs5,000 that hon. Members earn from a sitting; we want to tell them that the Kshs5,000 is a drop in the ocean. It is a peanut and it is not even an issue for us. What is an issue for us is how to implement Constitutional provisions. Again, I want to thank the Committee and the Directorate of Committee Affairs of this Parliament, led by a very able staff of this Parliament, Madam Florence Abonyo, the Clerk’s Office, the staff and Speaker of Parliament, for facilitating and making sure that the 26 nominees are vetted and the public had been given their bit. My colleagues, various Chairs and their Committee Members did their bit and today the sitting of the House has been called so that we give the country men and women who can serve our

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June 25, 2013 PARLIAMENTARY DEBATES 14

nation because of their integrity, professional qualifications and call of duty to serve the public. With those few remarks, I beg to support and urge my colleagues to support the Motion and we move forward.

Thank you, hon. Speaker. William is a good Chairman of the Departmental Committee on Transport, Public Works and Housing, and I rise to support the list. As you realise, this is a special meeting of the House, and it will be fair that the House realises that we have 26 nominees to deal with. I have looked at most of these reports and, with the exception of one or two nominees, in our contributions I would request you that we do not talk too much, so that we can meet the timelines; two minutes would be in order. If the House agrees we need to go that direction, so that we meet the timelines.

I am giving you directions, Amina. Hon. Speaker, Sir, protect me from hon. Amina. Having said that, I think the Government needs to be fully constituted. We went through elections on 4th March, 2013 and we nearing July; the country is losing so much time, basically doing nothing, or politicking while we are not delivering services to Kenyans. So, I think it is the responsibility of this House that where there is no adverse information we need to move with speed to help this Government become fully formed. Those of us in the Opposition also need to watch them fail, so that we have something to do.

This is because it seems the Government is a bit too big for the young men. So, we will be watching them fail but we will help them form the Government. I support.

(Laughter)

Hon. Speaker

Very well spoken. If we can also adopt the tone of the hon. Washington Jakoyo Midiwo, I think we will do ourselves great service. As you know, the National Assembly is not looking for space. It already has space. So, we are doing work. Yes, hon. ole Metito Judah.

Hon. Members

Judas.

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Thank you, hon. Speaker, Sir. First, I want to really tell my good friend, hon. Washington Jakoyo Midiwo, that failure is not an option in the Jubilee Government. Having said that, I just want to quickly say that the five nominees for Industrialisation, Planning, Devolution, National Treasury, Commerce and Tourism fit the bill. Hon. Speaker, Sir, there should be a correction of the Motion. Number 4 is written “Dr. Ibrahim M. Mohamed, Commerce and Industry: It should be “Commerce and Tourism”.

Hon. Speaker, Sir, what I wanted to say is that these five departments, to me, are the main pillars for realising Vision 2030. If these five nominees are going to show commitment, dedication and selfless service, they will take this country to the greater heights we have been yearning for. These are the departments that can take Kenya to where the Asian Tigers are. I am happy that in the report some of these nominees pointed out that if we can really have investment of 30 per cent of our Gross Domestic Product (GDP) instead of the current 21 per cent, then we can match China’s GDP investment of 41 per cent. That takes us to the reasoning that if these five departments are well managed, and I have no doubts whatsoever in my mind about this, they will contribute to not less than two-thirds to our economic pillar of Vision 2030. Hon. Speaker, Sir, therefore, without taking much time, I support and I wish them well; I request this House to give them the support that they require so that they will not fail, as hon. Midiwo has said, but will perform.

Thank you, hon. Speaker, Sir. I also rise to support the appointment of the five nominees; I am one of the Committee members who were doing the vetting; I know the level of trust that the House has put in every Committee. I believe that once the House nominates hon. Members to sit in a committee, it must have some trust. So, I want to assure all the hon. Members of the House that the Committee did a very good job. We vetted all aspects of the candidates. We were very convinced. They convinced us. Even the ones who were put in different areas from the ones that they have been working in for many years, convinced us that they can switch over. As it has already been stated, they had the passion to do the work. So, instead of going round and round, I would like to urge this House that we support the five nominees for their appointment and we move on. Thank you, hon. Speaker, Sir.

Thank you, hon. Speaker, Sir. I rise to support the appointment of these five great Kenyans. I had a chance to interrogate them. I have been bragging around this Parliament that I am the best expert in public finance, followed by hon. Ng’ongo, but I discovered during the interviews that there are people who know much more than I do; one of them is Dr. Kamau Thugge. Maybe in future, I will ask that

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June 25, 2013 PARLIAMENTARY DEBATES 16

gentleman to come and give us a lecture on public finance. This House will now use its space in a good way because we are not seeking space as some other people are doing elsewhere.

(Laughter)

Hon. Speaker, Sir, each one of these people demonstrated to us that they have got the expertise, experience and commitment to take this country to one extra level of development. If we support these appointments and then we also give them the necessary resources for them to perform, I am sure they will deliver. For example, if we support Dr. Ibrahim M. Mohamed in Commerce and Tourism, particularly, and Dr. Wilson Songa in Industrialisation and Enterprise Development, we will be able to create two to three million jobs in a year in this country; this country will move to the level of the Asian Tigers and even beyond. Hon. Speaker, Sir, all I am saying is this: These people were clearly and thoroughly interrogated, and they showed the commitment and purpose for which they have been appointed. I, therefore, would like to support them and ask this House to kindly approve these appointments. I support.

Thank you, hon. Speaker, Sir. I rise to support the report by the Committee on four points. Number one, clearly the report shows that the individuals presented are career professionals in their respective areas; the fact that there is no report that has come to question what they have done over the years is an indication that they have integrity in their work. Secondly, they have the initiative. The report shows that they have engaged in programmes, research and other initiatives that require one to be responsible. They have personal responsibility and pursue things to conclusion. Thirdly, is appreciation of education. This report shows that these are Kenyans who have taken time even as they were working to go back to college and pursue education in order to attain qualifications that will enable them to do their work in a more empowered manner. Therefore, this investment is exactly what is required for this nation and as a House we are here to appreciate those who invest in skills to be used in the country. Hon. Speaker, Sir, finally they have the courage to plunge into work. I have worked with one of the nominees here, namely Mr. Konchella. I was with one of the nominees when we were launching the Masai Mara Marathon, as he was working in the banking sector. He left that very prestigious job to plunge into electoral politics. The fact that he did not make it should not be a reason for condemnation. This country needs to understand that people who go into politics are qualified, and have the requisite skills to perform. People are being dismissed because they want to come to Parliament. This condemnation is very unfair. I wish Kenyans knew the collective achievements of this House and the curriculum vitae of each Member who has left other disciplines to engage in legislative work and help this country. Finally, the reports of the committees we are discussing, in particular the one we are discussing on Finance, Planning and Trade, show our unity as a House, the unity of purpose as the Kenya National Assembly. In many cases, we are told we are united on

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June 25, 2013 PARLIAMENTARY DEBATES 17

other peculiar issues. We are united to serve this country, promote diversity. This is what the young people and the students, including those who visit Parliament, should see and understand. They should understand that the Members of the Kenya National Assembly are the best example in this region and this continent in prosecuting issues of national interest without any bias. Here we are saying that we are the ones to ensure that those who deserve appointments get them, so that this country can achieve Vision 2030. I strongly support.

Thank you, hon. Speaker, Sir for the detailed recognition. That is the way we do it in our culture. I stand to support this Motion. When the Cabinet Secretaries were nominated by His Excellency the President, I had a lot of difficulties giving my hand of support, although I did it in the long-run. In the history of this country, nobody from Homa Bay County, a county of eight constituencies has been appointed at this level of Government. For once, we have Eng. Peter Oganga Mangiti, who is not only from Homa Bay County, but from Homa Bay Town Constituency, which I represent. I want to thank the Government more sincerely for honouring this great Kenyan with the appointment. It is not just because he comes from that constituency which has been marginalized in terms of top level appointments since Independence, but also because he is a Kenyan of great distinction, high academic qualifications and a huge heart in public service. He is one Kenyan who has left a mark at every department, or level of Government he has had occasion to serve. Knowing that his name was given approval by the Committee, I can just gauge well that using the benchmarks around this gentlemen, the other individuals, also approved by the Committee on Appointments, are also people of distinction. I do not believe he could be an exception. I, therefore, support the approval of all these Kenyans. I urge all of them, particularly my own brother, Eng. Peter Oganga Mangiti, to continue to serve the Government well. I am personally not looking at failure, particularly of this gentleman. I pray that the Government considers more appointments from Homa Bay Town Constituency and Homa Bay County in particular. With those many remarks, I beg to support.

Thank you, hon. Speaker, Sir. I stand under Standing Order No.95. The Committee has spoken and it is an organ of this House. They have told us what they agreed at the Committee level. Would I be in order to request you to call upon the Mover to reply, so that we can move on to the rest of the nominees?

ADOPTION OF REPORT ON PRINCIPAL SECRETARIES NOMINEES

THAT, Pursuant to Article 155(3)(b) of the Constitution of Kenya and the provisions of the Standing Order No.45, this House adopts the Report of the Departmental Committee on Transport, Public Works and Housing on the vetting of Principal Secretaries nominees laid on the Table of the House on Tuesday, 25th June, 2013, and approves the appointment of the following persons as Principal Secretaries:- (i) Eng. John Kipngetich Mosonik - Infrastructure; (ii) Mr. Nduva Muli

- Transport. On behalf of the Committee on Transport, Public Works and Housing and pursuant to the provisions of Standing Order No.199, it is my pleasure and duty to present to the House the Committee’s Report on the vetting of the Principal Secretaries nominees for the State departments of Transport and Infrastructure, Mr. Nduva Muli and Eng. John Kipngetich respectively. I do not want to dwell on the preamble, but I want to state the following facts. The Committee examined the following subjects, namely transport, roads, public works, construction and maintenance of roads, rails and buildings, air, seaports and housing. The Committee oversees the following Ministries and departments:- the Ministry of Transport and Infrastructure, State Department for Transport, the State Department for Infrastructure and the State Department for Housing. The membership of the Committee is attached herein and I will not read all the names. My Committee followed all the procedures in the Standing Orders of this House when vetting these nominees. We also received memoranda from members of the public. We received two memoranda raising objection against one nominee’s, Mr. Nduva Muli, appointment as the Principal Secretary for Transport. One of the memoranda was from the Kenya Railways employees and the other one was from Mr. Charles Taabu Okumu. None was received in respect of Mr. John Kipngetich Mosonik.

Hon. Speaker, Sir, the Committee also received two responses to the said affidavits from Mr. Nduva Muli. All the affidavits are attached to the minutes. On the memorandum from the Kenya Railways employees, Mr. Muli stated that the matters contained in the memorandum arise from frustrations on the part of the former employees for their failure to realize their full retirement package benefits.

The nominee also acknowledged and sympathized with the former employees of the corporation, but reiterated that the same was beyond his mandate as the Managing Director of Kenya Railways. He stated that these matters fall under the mandate of the Kenya Railways Staff Retirement Benefits Scheme.

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On the other affidavit by Mr. Charles Taabu Okumu, the nominee stated that the allegations by Mr. Okumu, the Chairman of Land Mawe Frontline 2000 Youth Group, were not factual since the land on which Land Mawe Estate stands also belongs to the Kenya Railways Staff Retirement Benefits Scheme. He reiterated that the scheme is a separate legal entity from Kenya Railways and is run by independent trustees. As a former trustee, he stated that his role was limited to policy and strategy issues, which did not include the day to day running of the Scheme.

Hon. Speaker, Sir, on the scrutiny of the affidavits and consideration of the nominee’s written response and all submissions, the Committee was of the opinion that the affidavits did not raise any matter of gross violation of integrity or provision of any law that would bar the nominee from holding public office.

Further, we also got the report of the Ethics and Anti-Corruption Commission, the Kenya Revenue Authority (KRA) and the Higher Education Loans Board (HELB). The two nominees were cleared.

We also considered the curriculum vitae (CVs) of both candidates and the two have more than one degree. One of the nominees is even pursuing a PhD degree. We found these two nominees qualified as far as their CVs were concerned.

Hon. Speaker, Sir, Mr. Mosonik is a man who has more than four degrees. He was promoted within a very short time of joining an organization. This is an officer who left the Government and joined a private organization. In 2008, the Government re-hired him and he is the Deputy Secretary in the Ministry of Industrialization and Enterprise Development now.

We are saying that even if this man is not given this job, other countries in this region or international companies, will come for him. He is competent and anybody will give him a better job.

We looked at the performance of Mr. Muli at the Kenya Railways. He found the corporation in the intensive care unit (ICU) and he has been able to put it in high dependency unit (HDU). He has not managed to make the “patient” walk but, at least, he has tried to put the patient in the HDU. He has promised that he will make this “patient” walk and join the rest of Kenyans in building this country, if he is given the job. Hon. Speaker, Sir, I sincerely want to thank your office and the Clerk of the National Assembly for the support extended to the Committee in carrying out this exercise. I also want to thank my Committee, which worked almost 24 hours a day. This Committee met even on Sunday to fine-tune this Report. As the Chair, I want to thank the Members of this Committee most sincerely, because they worked overnight to ensure that we did a good job. I also want to thank the staff of the National Assembly who were attached to the Committee for assisting this Committee come up with this Report, which was unanimously adopted by this Committee. Having considered the suitability, capacity and integrity of the nominees and pursuant to Article 155(3)(b) of the Constitution and Section 82 of the Schedule of the Public Appointments (Parliamentary Approval) Act, No.33 of 2011, the Committee recommends that this House approves the nomination and subsequent appointment of the following as the Principal Secretaries to their respective Departments in the Ministry of Transport and Infrastructure:-

1. Mr. Nduva Muli

- Transport,

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June 25, 2013 PARLIAMENTARY DEBATES 20

2. Eng. John Mosonik - Infrastructure. Hon. Speaker, Sir, with those few remarks, I beg to move and request hon. Simon Ogari to second this Motion.

Thank you, hon. Speaker, Sir. I would like to urge my colleagues, Members of this hon. House, to adopt the Committee’s Report. However, I wish to give a few highlights on these two noble gentlemen of this country. The Chairman of the Committee has aptly stated that we were all unanimous in our support for these two gentlemen: Mr. Joseph William Nduva Muli for the position of Principal Secretary for Transport, and Eng. Joseph Kipng’etich Mosonik for the position of Principal Secretary for Infrastructure. We have the details of these two gentlemen. I would like to commend those who have been involved before us, including the President for undertaking wonderful shopping. I do not think those who were involved would have done better. We have recommended them to be appointed in the respective areas. About Mr. Muli Nduva, he has satisfactory and relevant academic qualifications. His work experience is immense. He has worked with the Kenya Railways, which falls under the Ministry he has been nominated to serve. He has worked in the private sector basically in clearing and forwarding subsector. He has also worked with AMREF and Kenya Airways. He knows a lot of technology because he has been accredited to developing e-business and strategies for the KQ and AMREF. He has not exactly turned around Kenya Railways, but we know that it was headed towards the general ward. Now that he is set to get a higher rank as Principal Secretary in the Ministry, we believe he will have better medicine for Kenya Railways. We received two memoranda. Normally you would expect memoranda to be malicious and full of attacks against a nominee. We received a memorandum from former Kenya Railways employees. We were surprised that instead of Mr. Muli getting annoyed with these allegations he actually was sympathetic to the people who swore the affidavit. He stated categorically that, that was one of the reasons he applied for this job. The memorandum was from former employees of Kenya Railways, and it was to do with their retirement benefits. He stated that this was a different scheme from what he has been administering and he had no mandate, as the MD of Kenya Railways to address their grievances. However, as a Principal Secretary this matter will fall under him. He sympathizes with these people and he believes that once he becomes Principal Secretary, he will work on the matter. The other memorandum was from a Mr. Charles Okumu. He raised land issues in Land Mawe. However, Mr. Muli was not directly involved because this issue fell under the early retirement benefits scheme management. These allegations, at best, are frivolous and obviously in bad faith, if not personalized against Mr. Muli, who is innocent and had nothing to do with that scheme. Hon. Speaker, Sir, in the Tenth Parliament I had an opportunity to serve as a junior Minister in the Ministry of Transport. Personally, I am very aware of what ails that Ministry. We are happy as a Committee that even before he came before us he had asked to be given a chance to address the major issues ailing the Ministry. We are aware that problems in transport, particularly as part of infrastructure, are a major issue that we have to address.

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One of the main issues that Mr. Muli promised to address has to do with the concession of the Kenya Railways. We know it is a very big issue. Another issue is the congestion at the Port of Mombasa. The cost of transport in this country is quite high. When he says that he is going to work on it, including the menace on our roads, then really he is somebody we should look out for. He also promised to address the issue of encroachment on railway land and its corridors, especially in the slums of Kibera and Mukuru. He promised to deal with that matter and incorporate in his solution all the stakeholders, so that those poor slum brothers and sisters of ours also benefit from the scheme that he has in mind. The Jubilee Government promised Kenyans a standard gauge railway. He said that he will work on that. He promised to maintain all the railway lines. There is the issue of unnecessary deaths on our roads. He promised to look at this matter. The greatest headache is the duty free shops at our airports. This is an issue about which we took him on as a Committee. He gave an assurance that he was briefed on this matter, and he would work on it. Our second nominee was Eng. John Kipng’etich Mosonik. This is a very decent person, as the Chairman put it. He is a very good man. He is very learned. He is an electrical engineer. He has an MBA in Strategic Management. He has a Master of Science in Finance. This good man has a Master of Science in Strategic Focus. Currently he is undertaking a PhD, I do not know in which one of these areas. With regard to his experience, I think the Chairman put it very clearly. He did good work for our industrialization sector, especially with the Sameer Group of Companies. He also worked with Telkom Kenya and the defunct Kenya Posts and Telecommunications Corporation. I would like to tell my colleagues that these people are qualified for the job. As a Committee, we unanimously agreed to adopt these two names. I beg to urge that these two names be adopted by the House.

Hon. Speaker, Sir, I stand here to support the nominations of Eng. Mosonik and Mr. Nduva Muli. I support these nominees because I have personal knowledge of them and their work. As has been said about their qualifications, we know now that Eng. Mosonik is an electrical engineer. I knew him since he was an engineer in Telkom Kenya Limited; he is somebody who is keen about his work and quite well organized in whatever he has to do. I knew him when he was the secretary for industrialization as somebody who performed his duties very well. I am sure that with his basic training as an engineer, it will make it easy for him to cope with the docket that he is being given; infrastructure.

I have known Mr. Muli for sometime; I interacted with him when he was the Managing Director of the Kenya Railways. I found him different, compared to the earlier people at the KR. He is very polished and articulate. He was able to explain a lot of issues about the railways. Just as has been said by the Chairman and the hon. Member who spoke, the KR was a very big institution, but it was vandalized in many ways. For somebody like Mr. Muli, to, first of all, have accepted to go and work there, it was a

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June 25, 2013 PARLIAMENTARY DEBATES 22

serious issue. He was able to contain the situation and explain--- I was in this Departmental Committee on Transport, Public Works and Housing before, and of all the CEOs who came to represent their organizations to the Committee, I think he was outstanding in terms of how he was able to articulate the issues affecting the institution and on the way forward.

I was gratified when he came up with the idea of the railway station we are seeing now at Syokimau, which is now a reality. This reality never happened before because a number of projects that were proposed ended up being white elephants. So, I think with the independent mindedness of Mr. Muli and Eng. Mosonik, their honesty, humble backgrounds and the way they operate, I am sure they will be able to deal with this large sector in our economy. We know very well that infrastructure and transport should be one of the largest subsectors that we are looking at in terms of Vision 2030, creation of employment and taking this country from where we are to a higher level. All the things that are planned like the railway line that we are talking about were planned when Mr. Muli was at the KR. I am sure that the two related dockets will achieve and deliver for the country.

Hon. Deputy Speaker, I also stand to support the appointment of these two eminent Kenyans. Given their CVs that I have gone through, these are Kenyans who, given an opportunity, could work towards transforming this sector. This is one sector that has great potential in terms of improving infrastructure development and transport. If these sectors are streamlined, and the nominees are given opportunity, I believe they will make a difference, especially in the area of the railways. If the transport sector in Nairobi is improved, we will have a railway system within the CDB; we can save a lot of time and money in terms of saving man hours, fuel and the time we spend in traffic jams here in town. So, if these people are given this opportunity, jams is one of the things they should consider.

There is a problem in Kenya today; as we know, teachers are on the streets. We are spending a lot of money. Everybody is asking for money, and so we need to engage in some of these sectors; these people should be given this responsibility, so that they can improve the sector. This will help us create wealth and move this country forward. Improvement of the sector would directly contribute to income and growth of the country. It will also facilitate movement towards Vision 2030.

On the issue of the railway line, we know there is the threat to the Mombasa Port, because there is a lot of competition from our neighbours. If we consider some of these important sectors--- I hope that if people are given responsibilities, they will be able to swim against the current of the people who at times, instead of looking at the big picture, look at personal interest. They should look at the interests of the country and the fast movement of goods from the Port of Mombasa, given that this port is likely to serve east and central Africa.

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They should work to streamline this sector and I am sure that, as a country, we will benefit from business with our neighbours. If transportation is streamlined, then we will encourage Ethiopia and South Sudan to business with us. Already Uganda is using the port. These are some of the sectors which, if considered for improvement, Kenya will be on the right track. I recommend these Kenyans for appointment, given their capacity; if given this opportunity, they will move us to greater heights.

.

Deputy Speaker, thank you for giving me this chance to contribute to this Motion. Whereas I support the nomination of these two candidates, I want to state some points concerning the performance of the KR over the past few years. The people of Kipkelion, which I represent, will never forgive us for supporting Mr. Muli on the performance of Kenya Railways. Even if, from the report, we have been told that he explained that the performance of the Rift Valley Railways has been an issue, we need to get real confirmation that as the Principal Secretary in charge of transport, he will ensure that the performance of the Kenya Railways will come back to normality, or will be back to what we knew it to be so many years ago. Of importance here are the people of a place called Tuya Bay in Kipkelion. For the last 20 years, they have been applying to the KR to allow them to cross the railway line. There is a major road from a place called Chepseon to Chagoror. My people have not been allowed to use this road and cross the rail line; the reason is that there are punitive levies imposed by the KR.

After paying, they were frustrated again by a demand by the RVR for Kshs1.3 million; the fee is just for supervision, and not construction work. We have made an appeal to the KR to come to the rescue of the people. So, I want to say this, as much as we are supporting the appointment of Mr. Muli, it is important for this House to also challenge the people who have been nominated to link their past performance to what they are going to offer to this country. Hon. Deputy Speaker, the other candidate, Eng. Mosonik, has an impressive CV and the reservations put across are not many. As much as we appreciate their CVs, we want every candidate here to link his past performance to what he will be appointed to do. Hon. Deputy Speaker, I move to another issue on appointments. This House, when approving the nominees, is supposed to be a House that is not only independent, but must be seen to be independent by Kenyans. We watched in dismay some of the Committee Chairs prevailing upon hon. Members not to contribute. This was not a good show. I thank the Chairman of the Committee on Finance, Planning and Trade, hon. Benjamin Langat; that is where I am a member. He was very democratic. But some Committees--- I will not mention them here because I believe when their reports are tabled in this House, we will express our reservations. Some of the Committees, especially their Chairmen, were actually talking on behalf of the candidates. We are supposed to be seen to be independent and we must be independent in this House so that Kenyans know that we are not only approving, but are approving people who are competent. Hon. Deputy Speaker, the reservations aside, I support the appointment of these two nominees and, I believe, this House will monitor their performance. If they do not measure up to the standard, obviously, action will be taken against them because this

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country must move forward; we must have competent and people of substance, whose performance will be seen on the ground, and not only in very nice CVs on paper. Thank you very much, hon. Deputy Speaker; I support.

Thank you, hon. Deputy Speaker. I rise to support the approval of these two nominees. I am a Member of the Committee that has forwarded the names of these two nominees to this House and I had the opportunity to meet them. Hon. Deputy Speaker, transport is a sector in this country which has three sections, air, sea and land. Mr. Muli is one man who identified himself with both air and land transport. He is currently with Kenya Railways, which is handling transport on land. He has dealt with Kenya Airways, especially through the programme of e-business, in which he came out as a victor. When he tried to explain exactly how he did it, and how he came up with e-ticketing, it was quite marvelous. When it came to railways, as the Managing Director, he told us that he had some limitations. As Principal Secretary, definitely he will have an opportunity to meet the challenges that he is experiencing at the moment, as the KR Managing Director; he will know how to make it better, instead of leaving it as it is. Hon. Deputy Speaker, what impresses me about Mr. Muli, the nominee for transport, is his academic performance. He has a Masters in Business Administration (MBA), which is not a mean achievement. He is also an economist. Looking at what he explained to us in terms of what he feels the transport sector is supposed to achieve, it was very encouraging. So, I feel he is the best person for the job ahead of him. With regard to his vision for the transport sector---

Hon. Deputy Speaker

Hon. Members, I think we had a gentleman’s agreement of two minutes for each contributor. I think that stands. So, can we respect what we have agreed on?

Thank you. I will move very fast, so that I just take two minutes. I also support the nominee, Eng. Mosonik, whose CV is very much elaborate and well explained. He is a man who was able to explain himself and has a good vision for this country. I, therefore, beg to support his nomination. Thank you.

Thank you, hon. Deputy Speaker, for giving me an opportunity to contribute to this Motion. I stand to support the appointment of these two nominees to the positions they have been nominated. Hon. Deputy Speaker, I saw passion in the presentations that these two gentlemen gave to the Committee. I was quite hard on them because we all know that the KR has issues. We had the issue of the concession between the KR the RVR. We all know that the KR has faced a situation where we are seeing a deterioration of the infrastructure. But Mr. Nduva Muli was able to explain that the concession actually ties the hand of the KR from dealing with the stocks of the railways; the Kenya railways stock is maintained by RVR. He was quite clear that given an opportunity to rise up to the position of the Principal Secretary, he will move with speed and energy to ensure that he brings this sad state of affairs to a quick stop. I was impressed by that.

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June 25, 2013 PARLIAMENTARY DEBATES 25

Hon. Deputy Speaker, we were also put to task with regard to the issue of the airports where we have another situation where a scandal might arise in another concession that has been given to one person; he has got authority to manage all the warehouses at the airport. He was also quite categorical that he will be able to deal with this situation. Hon. Deputy Speaker, I was also impressed by Eng. Kipngetich Mosonik. This is a man who has gone to school. He has been consistent in his duties, and has been tasked with many matters in the different enterprises that he has been working for. I, therefore, support these two gentlemen for the positions they have been nominated to.

Hon. Deputy Speaker

Thank you, hon. Members. It is now time for hon. Stephen Mutinda Mule; you have two minutes to contribute. It seems hon. Mule is not in the House. Let us have Eng. John Kiragu Chege. You have two minutes.

Hon. Deputy Speaker, I rise to support this Motion, and it was a very important thing for me to understand how Mr. Nduva Muli will handle the matter of retired Kenya Railways staff. I am one of those retired members of staff of Kenya Railways, who go without a salary. I found the Kenya Railways Managing Director (MD) in a very awkward position; he was manning a concession that was put in place before he was given the job. This was a concession that was not fair to Kenyans. This was a concession that handed over the assets of this country to a foreign cowboy. It is very sad.

Even as I stand here we know that we have another problem with Telkom Kenya. We have to look at the way we deal with our national assets. For me, I am convinced, as a former Kenya Railways employee that once Mr. Nduva Muli is appointed as a Principal Secretary, together with Mr. Mosonik, who also exhibits experience in infrastructure and Eng. Kamau, who is now a Cabinet Secretary, they will handle matters of transport and infrastructure in this country.

Hon. Deputy Speaker, we have issues of traffic jams at our weighbridges and also across our transport corridors; I am convinced that these two gentlemen can sort out this matter. I also believe that we can bring down the cost of transport in this country, so that we can continue being competitive in our manufacturing sector. I believe that they have the capacity to do so.

Hon. Deputy Speaker, as I finish, I think it is important for us to know the speed at which the current Rift Valley Railways (RVR) is running our railway wagons. They are running at 10 kilometres per hour. When they took over the KR, the wagons used to run at an average of 80 kilometres per hour. The KR used to transport 1.5 million tonnes of goods. Today, it transports less than a million tonnes of goods. This is not acceptable to us, if we are to attain Vision 2030. So, I believe we need new blood in the leadership, so that we can take this country to another level.

Thank you, hon. Deputy Speaker. I rise to support. The infrastructure sector is one that we need to move fast and set up. I know the issue which was addressed by the engineer who has just spoken about the retirees of Kenya Railways; it must be addressed. Most hon. Members who have been here for a long time know that

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June 25, 2013 PARLIAMENTARY DEBATES 26

there is a real problem with the former employees of Kenya Railways; I think I know that given the powers, my friend Nduva Muli, will sort the matter out.

Hon. Deputy Speaker, it is important to take him up on his promise to undo the concession. This concession was the worst and most corrupt deal of the NARC Government. Kenya Railways was bought for Kshs1,000 and it was bought by people who thought that by bringing in South African partners, they would make money. It was never to be and it is time for that contract to be rescinded, so that Kenya Railways can be taken back to Kenyans. The Government needs to invest in a high gauge railway system, so that we can decongest the roads.

Hon. Deputy Speaker, I hope with the approval of these nominees of the infrastructure sector, the issue of the traffic accidents will be a thing of the past. We have a new law which we just passed under Waziri Kimunya not too many months ago – only last year and the police are not implementing it. Kenyans are dying. We are losing more Kenyans on the road than to malaria. The Government should implement the law. If it is true what the nominees have promised, and I know Eng. Mosonik, they can help this country. They are young. They have the time. They have the talent. I hope they will live up to their calling.

Thank you, hon. Deputy Speaker. I stand to support the Motion but with reservations, in that in these appointments so far my county of Trans Nzoia has not benefitted from the Jubilee Government appointments, despite the fact that they voted for Jubilee and have a Member of Parliament even in the House.

I want to say that we do not just have to look at the qualifications but these individuals need to think outside the box. This is because for the two Ministries to which they were nominated, when you look at the infrastructure in this country, it is not evenly distributed. You look at our road network in some of the areas; we only think of the road linking Kenya to Uganda through Malaba, but the road can also link Kenya to South Sudan through Trans Nzoia and Suam; this is also an area that we need to open up.

The other issue that we need to look at is the railway network in this country, which has not been functional. The railway network in this country can take a lot of cargo off our roads; whenever you are travelling every day in this country to western Kenya there are so many lorries on the road with cargo. If the railway network was functional these loads of cargo would be taken off our roads and the roads would be safer to drive on.

Hon. Deputy Speaker, first, I want to thank all the hon. Members who have contributed to this Motion. Secondly, I want to thank the Leader of the Majority Party and the Deputy Leader of the Majority Party of this House for giving my Committee very good people, although I must say that I hear there are some changes being made. I would like to inform the two sides of the House that in my Committee there is no seniority. Our Committee works as a team. I work very well with my members and I want to retain them.

On the issue raised by the hon. Members about RVR, it is true that Mr. Muli had written several letters to the Minister saying that he was not satisfied and that he wanted this concession terminated; but, as you know, he was not the Minister.

ADOPTION OF REPORT ON VETTING OF PRINCIPAL SECRETARIES NOMINEES

Hon. Deputy Speaker, I beg to move the following Motion:- THAT, pursuant to Article 155(3) (b) of the Constitution of Kenya and the provisions of Standing Order 45, this House adopts the Report of the Departmental Committee on Labour and Social Welfare on the Vetting of Principal Secretaries Nominees, laid on the Table of the House on Tuesday, 25th June, 2013; and approves the appointment of the following persons as Principal Secretaries:-

The Departmental Committee on Labour and Social Welfare was constituted on Thursday, 16th May, 2013 and draws its membership from the following--- I have a long list and so, I will not read it. I will just skip it because it is in the Report. The functions of the Committee are as set out in Standing Order No.216(5). Due to the interest of time, I will also skip that and ask hon. Members to read the functions of the Committee. According to Second Schedule of the Standing Orders, the Committee examines the following subjects:-

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The line Ministries assigned to the Committee are:- (i) The Ministry of Labour, Social Security and Services. (ii) Ministry of Sports, Culture and Arts. After receiving the names of the nominees to the position of the Principal Secretaries, the Committee commenced its sittings. In conducting the vetting exercise, the Committee made references to the following:- The Constitution, the Public Appointment (ParliamentaryApproval) Act No.33 of 2011 and the Standing Orders. The Committee complied with the constitutional and legal requirements and established procedures for vetting. It ensured public participation and openness in carrying out the proceedings. Notifications inviting the public to submit memoranda were placed in the mainstream print media in tandem with the law. It is important to note that no sworn affidavits were presented against the two nominees hence showing high level of trust the public had on the two nominees.

The Committee wishes to thank the offices of the Speaker and the Clerk of the National Assembly for the logistical support accorded to it during the vetting process. It is also thankful to the media for their coverage of the proceedings of the Committee thus enhancing accountability and transparency of the vetting process. I also thank the Members of the Committee for their time and useful engagement during the proceedings. The Committee made several findings during the vetting process which guided the Committee in making its final recommendations. The Committee recommendations were solemnly based on evidence and information from the proceedings of the Committee during the vetting process. These recommendations were unanimously agreed upon by the Committee Members during the adoption of the Report on Monday, 24th June, 2013. On behalf of the Committee and pursuant to Article 55(3) of the Constitution, Section 8(1) of the Public Appointments (Parliamentary Approval) Act, No.33 of 2011 and Standing Order No.199(6), it is my pleasure and pleasant duty to table the Report of the Committee on Labour and Social Welfare on the vetting of Mr. Ali Noor Ismail, Nominee for the Ministry of Labour, Social Security and Services and Mr. Patrick Omutia, Nominee for the Ministry of Sports, Culture and Arts for adoption by the House.

The recommendation and observation of the Committee on the two persons are as follows:-

It was noted that Mr. Ali Noor Ismail had very impressive credentials. He holds a Masters Degree in Human Resource Development from the University of Manchester, UK and LLB from the University of Nairobi. He is an accomplished Executive Administrator for 26 years in senior management positions. He answered all the questions the Committee asked. He has risen through the ranks in the National Bank of Kenya and has sound understanding of his docket. As a human resource practitioner, the candidate was also well acquainted with labour matters.

Mr. Patrick Omutia is the nominee for the Ministry of Sports, Culture and Arts. It was also noted that he has very impressive credentials. He holds a Doctorate in Philosophy, Masters Degree in Management and Organizational Development, a Bachelor of Law and a Bachelor of Commerce. He is a member of various professional

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June 25, 2013 PARLIAMENTARY DEBATES 29

organizations and has good track record in all the positions he has held previously. He has a sound understanding of the Ministry and the challenges ahead and he has very useful strategies to overcome them. He has never been mentioned adversely in any investigations or parliamentary reports. Therefore, the Members of the Committee unanimously agreed to have the two nominees approved to serve in the position of Principal Secretary in the respective Ministries. I, therefore, move and call upon hon. Muchai to second the Motion.

Hon. Deputy Speaker, I rise effortlessly to second the Motion as tabled with regard to the appointments of Mr. Ali Noor Ismail and Mr. Patrick Omutia to the position of principal secretary in the Ministry of Labour, Social Security and Services and Ministry of Sports, Culture and Arts, respectively. In particular, I would like to note that those two distinguished Kenyans come from areas and communities that are classified as marginalized under the Constitution. Secondly, I would like to note that during the appearance of Mr. Noor Ismail before the Committee, he had suffered a big setback in terms of his son having been involved in a road accident and as such, his frame of mind at the time he appeared before the Committee was not as it ought to have been. Given the manner in which he addressed himself to the questions that were put before him, I wonder how good he could have been had he been in his normal state of mind. It is sad that immediately after appearing before the Committee and at the time we were considering the Report, his son passed on. On Mr. Patrick Omutia, I do not need to stress the issue further than the Chairperson has done. This is a person with whom I had the opportunity to work with as a board Member of the National Industrial Training Authority. He is the first Director- General of that Authority, which was established last year. He excelled in an interview that had attracted seven candidates. He was thoroughly interrogated, particularly, with respect to his integrity. Everything was done to ensure that the Authority gets the right candidate to that position.

Hon. Deputy Speaker, I am encouraged to note that he is rightly qualified, as required to become the Principal Secretary in the Ministry of Sports, Culture and Arts. I have no doubt in my mind that the Ministry is getting a person who will discharge his duties in a manner that will benefit this country and catapult it to the next level in terms of international recognition given the fact that Kenya has excelled in the field of sports.

Currently, the country is experiencing industrial unrest. One of the reasons for that is lack of a Principal Secretary in the Ministry of Labour, Social Security and Services. Parliament will be placing in that office a person who has not only the capacity, but also the ability to steer industrial relations practices in this country to a level where industrial action will be a thing of the past. In this context, and bearing in mind that I am fully aware of the issues underlying the strike called by Kenya National Union of Teachers (KNUT), I urge the leadership of this union to give Mr. Ali Noor Ismail an opportunity to settle in his office. They can only do that by calling off the strike and having an interactive discussion with the new Principal Secretary. I am sure that a lasting solution will be found under the stewardship of Mr. Noor Ismail. That way, teachers not having to go on strike will be the most welcome gesture.

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I need not look at the academic credentials of those two gentlemen because they speak for themselves. I need not say that they excelled in the interaction that they had with the Committee. We interrogated them bearing in mind that we were putting in office people with whom we will work with for the next four years. So, we were alive to the fact that we needed to have the right people in the right place. I believe that this is what we achieved.

I urge this House to support the appointment of Mr. Ali Noor Ismail in the position of Principal Secretary, Ministry of Labour, Social Security and Services and Mr. Patrick Omutia in the position of Principal secretary in the Ministry of Sports, Culture and Arts.

Thank you very much, hon. Deputy Speaker. I rise to support this Motion. I am a member of the Departmental Committee on Labour and Social Welfare that vetted the two individuals. I want to tell this House that it was a very harrowing experience for me, more so, when we were vetting the Principal Secretary nominee for Labour because he is a man we worked with at the defunct Kenya Posts and Telecommunication Corporation (KPTC) when we were still very young men.

Mr. Ali Noor Ismail and I were colleagues of the dreaded Sarah Serem. The Sarah Serem I knew then is different from the Sarah Serem that people called “Siang”. She was very humble like Ali Noor Ismail, humane and quite an understanding person. I believe and I have always urged Members of Parliament that we should go slow on that lady because the Americans have a saying that goes: “If you know the owner of the dog, deal with the owner. Do not deal with the dog.”

Mr. Ismail comes to a docket which is his domain. He is well versed in labour relations. He is an articulate young man although he is now in his early 50s. His academic credentials speak for themselves. That is a man who will add value to the docket that we are giving him.

Mr. Patrick Omutia also appeared before us. While I have not had a personal experience with him like Mr. Noor Ismail, Patrick Omutia gave us the impression of a person who has grasped the docket that he is going into. He knows what it pertains to. I have no option but to recommend his appointment. I believe that the two will add value to this country. I urge this House to adopt this Report which we should have adopted

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yesterday, so that the Government can be formed fully. While we may have failures in other departments, I assure this House that the vetting that we did in the Departmental Committee on Labour and Social Welfare will assist this country because we had quality candidates.

I also felt, after realizing that the docket will force me to interrogate or oversee the trade union community, where people believe that I am part of--- It will be conflict of interest and so I asked my Chief Whip to relocate me to another Committee. That is because I would not like to deal with my friend, Atwoli, all the time. Everybody knows that my affinity in the trade union docket is Mr. Atwoli. I would also not like to oversee somebody whom I know is very efficient like Ismail Noor, and we are good friends. I want to confess our relationship. I want to recommend him to this House that he is a man who goes to only three or four places. That is to the office, library, university to further his education and home.

With those few remarks, I want to recommend the two nominees for immediate absorption into our Government.

Thank you hon. Deputy Speaker. I appreciate, with all humility the work of this Committee. We appreciate them for taking time to go through the names of the nominees. I support this Motion. I have looked at the qualifications of Mr. Ali Noor Ismael. I find him to be a man who understands what he is supposed to do. He was involved in the revival of the National Bank of Kenya (NBK). We all know where NBK was during the time of the late Marambii – May God rest his soul in eternal peace. He brought the bank to where it is now. Hon. Deputy Speaker, I found out that Mr. Noor will be involved with issues to do with social security. In the current Constitution, it is important that the nominee understands issues of labor and social security. That is because in this dispensation, the elderly persons must be taken care of by the Government. It is a constitutional obligation that the Government provides social security to people who deserve it. Those are some of the facts that, that nominee appreciated when he was being interviewed. I believe that he meets the terms of reference that this job demands. The second nominee, Mr. Patrick Omutiah is a colleague. He is a lawyer. He has other qualifications over and above that. The Ministry of Sports is key in the Jubilee Manifesto. We have to deliver that which we promised. Mr. Omutia appreciates the talent of the youth and he is seeking to promote it. He is also a believer of promotion of our culture, which we believe is our heritage. I support the Motion.

Thank you, hon. Deputy Speaker. I rise to support this Motion. I support the approval of Mr. Ali Noor Ismael and Mr. Patrick Omutia to the respective positions they were vetted for. Let me take this opportunity to thank the President of this country for having chosen people of the right character and caliber. We have so far seen that the Committees have been endorsing the President’s choice. The public was invited to participate and there have been minimum adverse comments against those characters. I also would like to thank the Committee which was given this job. I believe it was up to the task to conduct the vetting. I feel that the recommendations are genuine and

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June 25, 2013 PARLIAMENTARY DEBATES 32

up to standard. I, therefore, do not see any problem in passing the names of those two people. However, I would like to tell them that the jobs are challenging, especially the labour docket. We now have a lot of civil unrest and workers are running up and down asking for remuneration and other payments. I believe Mr. Ali Noor will be able to handle that. As far as Patrick Omutia is concerned, his is a challenging docket. The other day, we had a Motion in this House which was addressing the security of our athletes who go to represent our nation overseas. The Motion was passed because hon. Members felt that a lot needs to be done for sports in this country, and also for the welfare of the sportsmen. We urged the Government to deliberately develop sports in this country. As a House, we feel that those two are up to the task and they will do their job well. I beg to support.

Hon. Deputy Speaker I rise to support the approval of the nominees. I sit in the Departmental Committee on Labour and Social Welfare. I, therefore, had an opportunity to interact with those two nominees. I am sorry to hear about the loss of Mr. Ali Noor’s son. The way he conducted himself in the interview did not give away that he actually had such a serious issue in the offing. Mr. Noor does fit well in the job. He is actually one of the few Principal Secretaries who have actually been put in areas where they are qualified. He is a long serving HR practitioner who worked with the National Bank of Kenya. One of the questions we asked Mr. Noor and Mr. Omutia is: What are the radical approaches that you are going to use to turn around your Ministry? Hon. Deputy Speaker, Mr. Noor gave us his experience at the National Bank of Kenya and the fact that he was involved in the turn-around of the same bank. That showed us that he is in a position to bring about the necessary changes. On the key issues of social security, we know that many elderly people in this country are still waiting to receive their cash. Everywhere we go, we are asked when the money will reach the elders. This is an issue that we confronted Mr. Noor with. He assured us that one of the things he will prioritize is ensuring that all elders within the defined category receive the money. He promised to move that project from the pilot status that it is now to cover the whole country. We confronted him with the question of alleged corruption at NSSF. He assured us that he was going to confront issues at NSSF and that we need to watch out for the changes that will occur. I support the nomination of Mr. Omutia. He comes from a minority community; that is, Teso. I feel that is one way that the Government has shown inclusion of minority communities. It is important to have him in. Despite the fact that he has not been in the sports and culture fields, he has a good grasp of issues. He is aware that the issue of the national dress is waiting for him. We have been waiting for this for a long time. There is also the issue of identity as a country. Another issue is the National Archives which is currently having a lot of wrangling. We also confronted him on the issue of our national football team, Harambee Stars and its dismal performance. Those are issues that are full in his in-tray and we hope that he will address them conclusively.

Thank you, hon. Deputy Speaker. I am very excited to talk about those two gentlemen whom I have had an opportunity to work with. I want to speak

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June 25, 2013 PARLIAMENTARY DEBATES 33

specifically about Mr. Noor who is a gentleman, indeed. May I take this chance to convey my condolences to his family for the loss of their son. Mr. Omutia is taking up a docket which is wanting in many ways. For a long time, 50 years after Independence, we have not addressed the need to develop and exploit our cultural heritage as a development resource. I think we have the right person in Patrick Omutia, who is an economist, a cultural practitioner and a lawyer. He is a man born to detail. He cares. I think we have the right combination in this docket of culture, sports and the arts. The arts can generate a lot of income and also provide employment for the youth. We have not exploited that sector. Mr. Omutia should be able to leverage on creative economies that are founded in the arts. The issue of social security is critical because we have many pensioners who are yet to receive their dues. Others are engaged in bringing up children in the villages. They are the only resourceful people in the villages of this country, but a lot of their benefits are not extended to them. With Mr. Ismail, this will be taken care of because he is a man of commitment. He is a man who considers things. With those few remarks, I wish to take this opportunity to support the appointment of those two gentlemen.

Hon. Deputy Speaker, thank you for giving me the opportunity to support this Motion. I am very happy with the appointees. They are excellent executives whom we know will perform. But in two minutes, I want to make one statement. There are a number of square pegs in round holes in the whole set of 26 proposals. The President has given us excellent proposals but then he has picked some people from their waters and taken them over, assuming that they will be equally effective. That means that he is treating those other areas as training grounds, maybe, for six months or one year, when the term is only four years to the end. Somebody like Dr. Songa, a very competent officer who breaths agriculture, is sent to the industrialization docket! He has to go through a learning process. Somebody like Eng. Magiti, engineering and water, is taken to planning. Those are difficult professional areas. I wonder why that was done to some of those officers. Dr. Mohamed has been sent to tourism, when that is an officer we have known has a passion for the health sector. He came up with some ideas on how to approach reforms in that particular sector. You throw him out to tourism, commerce and other things. It appears to me to be a waste. When you place somebody like Kamau Thugge in the Treasury, we know we have somebody who will hit the ground running and the reform measures that are required in that docket will continue uninterrupted. He does not have to wait to attend conferences to grasp what is going on internationally in that particular area. So, other than about 30 per cent of square pegs in round holes, I support most of these appointments.

Hon. Deputy Speaker, I take this opportunity to thank the President for having considered the minority communities in the country in the appointment of Messrs. Ismail and Omutia. Of course, Mr. Ismail, as it has been said, has a lot to do in terms of labour and the industrial unrest that we are seeing in the country. So, his tray is full. I want to agree with hon. Anyango that there are square pegs in round holes and it takes time for people to understand issues. But we hope Mr. Ismail will be up and running in a short while.

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June 25, 2013 PARLIAMENTARY DEBATES 34

Let me talk about Mr. Omutia. Sports is an industry that is coming up as a profession, where people are earning their living. I would request Mr. Omutia to---

On a point of order, hon. Deputy Speaker. I rise under Standing Order No.95. I think the mood in the House is very clear. Messrs. Ismail and Omutia are very well qualified, upright, honest and educated Kenyans who are qualified for those jobs. I beg the Mover to respond.

Hon. Deputy Speaker

I think that seems to be the feeling of hon. Members. Please finish your last sentence, hon. Gikaria and then we will call upon the Mover to respond.

Hon. Deputy Speaker, what I wanted to say is that Mr. Omutia has a job to do. I am saying that because the Sports Act that was enacted last year needs to be implemented immediately, so that we can help the horrible status of retired sportsmen and women. It is pathetic. You find people who did us proud are, up to now, still suffering. One of the issues that I want Mr. Omutia to look into is that, of late, we have had so many other institutions which want to promote sports in one way or the other and the latest is EABL. When they sponsored the pool tournament, one very young person called Martin Mwangi Wangui won the tournament and was supposed to have represented this country in England. But he was denied that opportunity just because he comes from a very poor background and so, never had an opportunity to process his passport in time. I think those are the issues facing those young people with talents and capabilities. They should be given an opportunity to represent this country elsewhere. Otherwise, as regards sports, that is where my passion is. I think Mr. Omutia needs to do quite a lot so that the dismal performance of our national team, Harambee Stars, is reversed. With those few remarks, I beg to support.

Hon. Deputy Speaker, let me take this opportunity to thank all hon. Members for supporting this Motion, especially the very committed Committee Members like hon. (Ms.) Wanga, hon. Muchai and the rest who are here to give us support. I would also like to thank all the other hon. Members who have taken their time to support the Motion. It is important to note that the House has confidence in the two nominees. They have shown that they are committed Kenyans who are willing to perform their jobs without any problems. Thank you. I beg to move.

(Question put and agreed to)

ADOPTION OF REPORT ON VETTING OF PRINCIPAL SECRETARIES NOMINEES

Hon. Deputy Speaker, I beg to move the following Motion:- THAT, pursuant to Article 155(3)(b) of the Constitution of Kenya and the provisions of Standing Order 45, this House adopts the Report of the Departmental Committee on Environment and Natural Resources on the vetting of Principal Secretaries Nominees, laid on the Table of the

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June 25, 2013 PARLIAMENTARY DEBATES 35

House on Tuesday, 25th June, 2013; and approves the appointment of the following persons as Principal Secretaries:-

1. James Teko Lopoyetum

- Water

2. Mr. Richard Lerisian Lesiyampe - Environment &

Natural Resources

3. Amb. (Dr.) Richard Ekai Titus - Mining In vetting those nominees, the Committee was guided by Standing Order No.216 (1)(5) which not only establishes the Committee but also stipulates the functions of the Committee to include vetting of appointees to the Ministries that we oversee. The Departmental Committee on Environmental and Natural Resources oversees the Ministry of Environmental and Natural Resources and the Ministry of Mining. Article 155(1) of our Constitution establishes the offices of Principal Secretaries and requires the President to nominate a person for appointment as Principal Secretary with the approval of Parliament. The approval process begins with the Committee vetting the nominees. This process was not only informed by the Public Appointments (Parliamentary Approval) Act, No.33 of 2011, but the Committee also looked at the job description of a Principal Secretary. Hon. Deputy Speaker, it is worth to note that unlike the Cabinet Secretary, the Principal Secretary is actually the administrative head of the department he has been appointed to. So, our Committee did focus much on the technical knowhow of the nominees and their understanding of the Government financial management, procurement and human resource management. Hon. Deputy Speaker, we also looked at the comprehension of those nominees on the subject matter of the Ministries or departments they have been nominated for appointment. Upon the referral by the Speaker and in accordance with Article 6(9) of the Public Appointments (Parliamentary Approval) Act, No.33 of 2011, the Committee placed advertisements in the newspapers to invite the nominees and members of the public to present any memoranda for or against the nominees. Hon. Deputy Speaker, the Committee also wrote to the Ethics and Anti- Corruption Commission (EACC), the Higher Education Loans Board (HELB) and the Kenya Revenue Authority (KRA). All those institutions responded on 13th June, 2013, to confirm that none of the three nominees owed any money to HELB, they were all tax compliant and there were no investigations - on-going or past - involving any of them. We also looked at their compliance to the Constitution and wish to confirm that all the three nominees were recommended for appointment by the Public Service Commission to the President. On the individual nominees, the nominee for Water, Mr. James Teko Lopoyetum was born in 1957 in West Pokot. He went to School at St. Joseph, Kitale and Kakamega High School. He is a holder of Bachelor of Arts (BA) degree in economics and Postgraduate Diploma in Public Administration and Economics, all from Jaipur University, India. He joined the Central Bank of Kenya in 1984 and has risen through the ranks to now, the Director of Currency and Operations. Hon. Deputy Speaker, Mr. Lopoyetum as a development economist showed the Committee his high comprehension of the role of water distribution and storage in the economic development of our country, he showed great commitment to fight corruption

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June 25, 2013 PARLIAMENTARY DEBATES 36

in the water sector. He also showed great comprehension on the issues of public financial management, procurement and human resource management. He is also Chairman of the Peace Caravan that covers Baringo, Laikipia, Tana River and West Pokot and he is able to show the role that water distribution could play in providing peace. During our interrogation of Lopoyetum, we did not receive any adverse report on him. But we put him to task on the fact that as head of currency, it was during his tenure that the controversial and opaque tender was awarded to De La Rue Company. We, however, wished to confirm that the award of tender for currency printing is actually the role of the Ministry of Finance and he was not individually responsible for the opaque nature of that tender. We also put the nominee to task on his involvement in the development of the title “Times Tower”. We also found out that he was not involved in the procurement process for the land on which Times Tower sits. We, therefore, highly recommend Mr. James Teko Lopoyetum to be the Principal Secretary for water. Hon. Deputy Speaker, with the second nominee, Mr. Lerisian Lesiyampe, our nominee for Environment and Natural Resources, he was born in Samburu and went to different schools in Samburu County. He did his “A” level at Kabarnet High School. He holds a BA degree in political science from University of Nairobi and MBA in strategy management from the same university and he is currently a PhD candidate finalist at Methodist University. He is the Chief Executive Officer of Kenyatta National Hospital (KNH). He had previously served as the Director of Finance and Administration at Kenya Wildlife Service (KWS). He displayed great commitment to his work and great achievement in the posts he has held. He had shown that in the last two years as head of KNH, he was able to steer away the staff of KNH from nine strikes that the workers in the health sector were involved in. We were greatly impressed by his understanding and comprehension of the area of natural resource and environment. We are pleased to state that he showed commitment to the establishment of policies and legislation in wildlife, wetlands and also in looking at staffing matters in the sectors that he was proposed for. The Committee was highly impressed by his understanding of how to fight corruption. He promised to lead by example and he gave us an example that he tells his juniors, that: “If the director is not eating, who are you to eat?” So, we were really impressed by his practical approach to the fight against corruption. We highly recommend the candidate for the position of Principal Secretary. Hon. Deputy Speaker, the third nominee the Committee vetted was Amb. Dr. Richard Titus Ekai who was born in 1967, in Turkana County. He went to school in Lodwar Secondary School and St. Patrick, Iten. He joined Moi University and holds a PhD in physics from Hannover in Germany. He has MBA in Strategic Management; MPh in Physics, all from Moi University. The nominee is currently Kenya’s Ambassador to the Kingdoms of Thailand and Cambodia and the Socialist Republic of Vietnam. The nominee is also currently the dean of diplomatic Corps in Thailand and also holds a Moran of the Order of the Burning Spear, which he was awarded in 2011. The nominee impressed the Committee on his knowledge of the mining sector, having been the ambassador for Kenya to Thailand. It was our view that he was “incubated” in Thailand to come and perform the task of Principal Secretary--- ( Inaudible )

Hon. Member

Your microphone is not working! Something is wrong.

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June 25, 2013 PARLIAMENTARY DEBATES 37

Hon. Deputy Speaker, as I was saying the Member might have been “incubated” in Thailand so that he would come and serve as Principal Secretary in this new Ministry that we hope will be stirring our economy to greater heights.

Hon. Deputy Speaker, having said that, we vetted the nominee on his knowledge of financial management, public procurement and human resource management and we were pleased that as the first ambassador of Kenya to Thailand he was able to start an embassy from scratch and managed a seriously large embassy. We will therefore be recommending the nominee for appointment.

Hon. Deputy Speaker, having said all those nice things about the nominees, it is now my pleasure and duty to request this House that pursuant to provisions of Article 155(3) of our Constitution, the Committee recommends to this House to approve the following nominees to the President for appointment: 1. Mr. James Teko Lopoyetum – Department of Water in the Ministry of Environment, Water and Mineral Resources 2. Mr. Richard Lerisian Lesiyampe – Department of Environment and Natural Resources in the Ministry of Environment, Water and Mineral Resources and, 3. Amb. Dr. Richard Titus Ekai in the Ministry of Mining. Hon. Deputy Speaker, you will note that all our nominees seem to come from the marginalised areas of this country and it is very clear from the quality of persons that His Excellency the President has nominated for appointment that there is no region in this country that does not have qualified people to take up these high appointments. We are very pleased with the calibre of persons that were presented before us and we were very happy that they have been able to be given this opportunity to serve. Hon. Deputy Speaker, I would like to take this opportunity to thank the office of the Clerk and that of the Speaker for the logistical support provided to the Committee. Secondly, I would like to thank my Committee members for the hard work they have put in but most importantly for the bipartisan approach they have taken towards this work. On that note, I would like to ask hon. Opiyo Wandayi, the hon. Member from the Orange Democratic Movement (ODM) party to second this Motion. Thank you.

Thank you, hon. Deputy Speaker. I wish to second this Motion. I also want to echo what my able Chair has just said that really if we can continue with this spirit of bipartisanism this House can go to great heights in terms of achieving its objectives. Hon. Deputy Speaker, I say that because many a time people see us as basically Members who are hell bent on opposing for the sake of opposing. We do not do so. We oppose where it is necessary to do so and when there is a reason to support, we support. Therefore, for this reason I will support this Motion and I am sure later in the afternoon you will see us opposing others very very rigorously.

Hon. Deputy Speaker, there is no doubt whatsoever that these three Kenyans are eminently qualified for the positions to which they have been nominated. Mr.

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June 25, 2013 PARLIAMENTARY DEBATES 38

Lopoyetum, Mr. Lerisian and Amb. Ekai are very very qualified and self made Kenyans from very humble backgrounds who deserve the positions to which they have been nominated. Hon. Deputy Speaker, I must point out that these three Kenyans have got their jobs cut out as we speak. They have no luxury of a honeymoon. We have got serious challenges in the water sub-sector. We have got serious challenges in the mining sub- sector. In fact, one of the tasks Amb. Ekai needs to embark on is to ensure that we do not have a Goldenberg recurring in this country in the Ministry of Mining. We also have serious issues in the environment sector. We have got problems in the water towers. We have got problems in the wildlife sector and, therefore, Mr. Lerisian Lesiyampe has got a lot of work to do in the coming days and months. Hon. Deputy Speaker, before I conclude, I must point out that sometimes in these committees we get challenges. One of the challenges is that if you look at Article 155(3), the President is supposed to nominate Kenyans from amongst the people who have been recommended by the Public Service Commission (PSC). There is a problem because the PSC as currently constituted – it is one of the constitutional commissions - seems to be still steeped in the old mindset. Why do I say so? There is no way we could establish how many people applied for what positions, how many were shortlisted, how many were interviewed, how many were recommended for appointment and so on and so forth. The reason for this was that the PSC decided to do its work in camera against the requirement of the Constitution, particularly Article 35 of the Constitution which talks about the right to information. This is an area that needs to be looked into that in future this PSC undertakes its authority in a manner that is transparent and verifiable so that all Kenyans can get to know what is happening behind the curtains. Hon. Deputy Speaker, without further ado, I wish to second this Motion and request fellow hon. Members to approve these nominees for appointment to the positions. Thank you.

Hon. Deputy Speaker

Hon. Member, I will then propose the Question.

(Question proposed)

Hon. Deputy Speaker

We have less than ten minutes. So, can we respect the two minutes agreement? Hon. Patrick Wangamati.

Thank you, hon. Deputy Speaker for giving me this opportunity so that I may be able to contribute to this Motion. First, I rise to support the Motion as it is recommended by the Committee. After reading their report about their vetting, I think they had gone a little bit more in details. They gave us a self explanatory report. Hon. Deputy Speaker, this country needs people who have confidence in their own country. These are people who can be trusted. We need such people to hold these positions. While I appreciate the nominations of these people by the President, we also want as this House to appeal to them that they should be committed because we are starting a new chapter in this country where we want to reduce corruption. We want our officers to look after our resources so that this country can move forward.

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June 25, 2013 PARLIAMENTARY DEBATES 39

Hon. Deputy Speaker, while I am supporting the three nominees for Principal Secretaries position for this Ministry, there is a lot to be looked into. I got the same when I was reading this report. Therefore, I support the Motion.

Thank you, hon. Deputy Speaker. I am a Member of this Committee and I wish to support this Motion. I wish to thank His Excellency the President and the Deputy President for considering the marginalized areas. When you look at the list, Lesiyampe comes from Samburu; Teko comes from Pokot and Dr. Ekai from Turkana. These are highly qualified people. Lesiyampe said that we need to reduce exposure of employees to money in order to reduce corruption. That is how he has managed the Kenyatta National Hospital very well. He knows how to manage finances. So, this person is highly qualified and I support his appointment to the Ministry of Environment, Water and Mineral Resources. He is a performer. He has performed at the Kenya Wildlife Service and also at the KNH. We know him as a performer. He knows how to deal with issues of employees. That is why the KNH is not exposed to strikes. How I wish this person had been appointed to the Labour docket so that he can deal with labour related issues now that we are being threatened with the teachers’ strike. We need to have people who understand labour issues. I hope we will get a chance also to discuss the ongoing teachers’ strike and how to end it.

Thank you, hon. Speaker. I wish to support the Motion regarding these appointments. I thank the President for nominating people from all the communities in Kenya to Cabinet Secretaries and Principal Secretaries positions. We are on the right path.

We are looking forward to these people being in office so that we can work with them. I also thank all the Departmental Committees for doing a very good job. It is just a formality and we should approve all the nominees together at once.

Thank you, hon. Deputy Speaker. I rise to support the Motion. I am a Member of that Committee and I am glad to say that the nominees met all the constitutional requirements. We looked at their CVs and they have solid and impeccable academic qualifications. They have rich and vast experience. They are focused and strategic. They have a clean personal record.

As my colleagues have earlier said, the three come from pastoralist background. For those who do not know, pastoralists are endowed with great and surpassing intelligence. They are talented, brilliant scholars and professionals. For a long time, this country has done itself a disservice by not engaging these brains. I want to thank His Excellency the President for the appointments that demonstrate inclusiveness and regional balance. He has truly discovered these inherent skills and competencies. These appointments do not only offer Kenya qualified bureaucrats, but they have also stirred excitement and a sense of belonging and patriotism among the pastoralists.

Finally, the Ministry of Mining is one of the most, if not the most, underfunded. We want to appreciate the immense work that this Ministry is awaiting and one of which is undertaking an airborne geo-physical survey of the minerals. Therefore, there is need for adequate resources for this Ministry.

Hon. Deputy Speaker, first of all, I want to thank the Committee that vetted these people. They produced one of the best reports and I think better than my own

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June 25, 2013 PARLIAMENTARY DEBATES 40

Committee did. We should emulate it. Secondly, it is notable that all these people are pastoralists. This says something about the Jubilee Government. It is one Government that is trying to unite our country. It is all inclusive and it will be very difficult to beat the Jubilee Government in the next election.

These gentlemen, apart from coming from the pastoral areas, have impressive resumes. If you look at their educational backgrounds, they are extremely impressive. It says something about the children who come from the ASAL areas. Given a chance, we can produce the best minds in our country.

Hon. Deputy Speaker, I do not want to cut short my good friend, the Member for Samburu, hon. Lelelit, but looking at the time and under Standing Order No.95, I urge you to consider and call upon the Mover to reply, so that we can dispose of this agenda and go to the next one. This is under Standing Order No.95.

Hon. Deputy Speaker

Hon. A.B. Duale, I am inclined to agree with you. The Chair of this Committee, I would like to call upon you to respond. Allow hon. Lati to complete his remarks.

Hon. Deputy Speaker, apart from their accomplished resumes, these gentlemen have done very good jobs in their previous positions. Mr. Teko is an accomplished Economist who understands the problems of water because he comes from a place where there is no water. Mr. Lesiyampe has done an impressive job in the KNH and Ekai has done a very good job in Bangkok.

Hon. Deputy Speaker, in responding, I would like to thank all the Members who have given supporting statements for the work of the Committee and on the candidates that we have vetted. In the past, we used to think that persons from the pastoralist areas would only get positions as an affirmative action. It is very clear that these persons have impeccable CVs and it is their CVs that spoke and not affirmative action.

This clearly shows that if we use the human resource that we have, we are definitely going far. I would like to thank the President and the Deputy President for making the work of the Committee easier by nominating individuals with good CVs, experience and no integrity issues.

(Question put and agreed to)

Hon. Deputy Speaker

Hon. Members, the remaining nominees will be included in this afternoon’s Order Paper, including any other that may not have been ready this morning.

ADJOURNMENT

Hon. Members, it is now time to adjourn the business of the House. This House, therefore, stands adjourned until this afternoon at 2.30 p.m.

The House rose at 12.30 p.m.

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